Case Note & Summary
The case involves a second appeal before the National Consumer Disputes Redressal Commission (NCDRC) filed by Mohd. Faizan against The Oriental Insurance Company Limited. The appeal challenges an order dated 25th June 2025 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, in Appeal No. FA/294/2025, whereby the State Commission dismissed the appeal for non-prosecution on account of the appellant's failure to clear defects pointed out by the Registry. The petitioner, through his counsel Mr. Ritesh Khare and Ms. Jessica, expressed regret for the delay and contended that they have a very good case on merits, seeking remission of the matter back to the State Commission. The National Commission, after hearing the counsel and perusing the records, found it appropriate to set aside the order of the State Commission dated 25.06.2025 and remit the case back for consideration as per law. This was subject to the condition that the petitioner deposits Rs. 5,000/- in the Legal Aid Account of the State Commission within a period of four weeks. The National Commission directed that upon such deposit, the order of the State Commission dated 25.06.2025 is set aside and Appeal No. 294 of 2025 is restored to its original number. The State Commission was requested to consider the matter as per law preferably within a period of four months. All parties were directed to appear before the State Commission on 23.10.2025, and the petitioner was directed to produce proof of deposit on that date. It was made clear that in the event of non-deposit of the amount as directed, the second appeal (SA/595/2025) would stand automatically dismissed. With these directions, the second appeal was disposed of, and all pending IAs were also disposed of accordingly.
Headnote
A) Consumer Law - Second Appeal - Restoration of Appeal - Dismissal for Non-Prosecution - The petitioner's appeal was dismissed by the State Commission for non-prosecution due to failure to clear defects. The National Commission set aside the dismissal order and remitted the case back to the State Commission, subject to the petitioner depositing Rs. 5,000/- in the Legal Aid Account of the State Commission within four weeks. Held that the appeal is restored to its original number and the State Commission is to consider the matter as per law preferably within four months. (Paras 1-6)
Issue of Consideration
Whether the order of the State Commission dismissing the appeal for non-prosecution due to failure to clear defects should be set aside and the appeal restored.
Final Decision
The National Commission set aside the order of the State Commission dated 25.06.2025 and remitted the case back to the State Commission for consideration as per law, subject to the petitioner depositing Rs. 5,000/- in the Legal Aid Account of the State Commission within four weeks. Appeal No. 294 of 2025 is restored to its original number. The State Commission is to consider the matter as per law preferably within four months. Parties to appear before the State Commission on 23.10.2025. In case of non-deposit, SA/595/2025 stands automatically dismissed. SA/595/2025 disposed of.
Law Points
- Consumer law
- Second appeal
- Restoration of appeal
- Dismissal for non-prosecution
- Defect removal
- Conditional remand
- Legal aid account deposit
